Kent County board approves special exception and variance for Jones farm processing, agritourism in Galena

The Kent County Board of Zoning Appeals approved a special exception and a setback variance for Lester C. Jones & Son Inc. to permit milk processing, meat processing (cutting and packaging only), and retail sales at 32545 Galena Sassafras Road in Galena during its May meeting.

The action, taken after testimony by the applicant and a staff recommendation, allows the farm to expand an existing dairy operation to include on-site processing and agritourism features such as sunflowers, pumpkins and a corn maze. The board adopted the planning commission’s findings of fact, supplemented by testimony at the hearing, and voted to grant both the special exception and the variance.

Sean Jones, the applicant, described the proposal as an expansion of an existing dairy operation that would use preexisting buildings for processing and add one new roughly 4,900-square-foot animal building to hold some animals for education and display. Jones said the operation would not perform slaughter on-site; any killing of animals would occur at a USDA-certified facility and the on-site work would be cutting and packaging. He told the board the business currently sells prepackaged meat by appointment and intends to increase public hours later this year, with larger visitor activity concentrated on weekends in the fall.

Carla Gerber, deputy director of planning, told the board the planning commission recommended approval and had found a practical difficulty for the variance because of the size and shape of the property. Gerber said the application is consistent with the Kent County Comprehensive Plan and the Kent County land-use ordinance, citing support for farm-based businesses and agricultural education. “That continues to be my recommendation,” Gerber said.

The variance requested was from a 600-foot setback requirement that applies when processing, sale or packaging involves animal products. Board members noted the farm’s preexisting buildings and the configuration of the parcel made strict compliance with the 600-foot rule impractical. The board found the variance would not cause substantial detriment to adjacent neighbors and that the project is consistent with the county comprehensive plan.

On wastewater and waste handling, Jones described a plan to tank processing wash water and haul it back to the main dairy, where it would be incorporated into existing manure storage and land-applied in accordance with Maryland Department of the Environment (MDE) guidance. Jones estimated the processing site could generate roughly 7,000 to 8,000 gallons of wastewater a week, though he said industry estimates vary; he also said the main dairy has about 36,000,000 gallons of manure storage and approximately 800 acres available for irrigation of such material. Jones said, “We would be in the 7,000 to 8,000 gallons a week that we would process,” describing the number as a planning estimate rather than a fixed measurement.

Board members and staff discussed visitor management and fencing to keep visitors from wandering onto neighboring fields; Jones said animal pastures would be fenced and the intent is to “meter people through the building” with parking and check-in to minimize roaming. The applicant also told the board that nearby residences, schools, churches and public facilities are more than a mile from the site and that the nearest house is more than 600 feet from the buildings.

A letter in the record from Margaret Hurt and Mary Hurt Tazewell, neighboring property owners, stated support for the applications: “We are fully in support of the Jones Family Farms applications,” the letter reads. The planning commission’s written findings and a site plan prepared by Michael A. Scott, Inc., were also entered into the record. The board adopted the planning commission’s findings as supplemented by testimony at the hearing.

The board took separate votes on the special exception and the variance, approving both; members John Massey, Ben Ligo and David Hill were sitting for the hearing and voted in favor. The record does not show any votes in opposition or recorded abstentions.

The board’s action allows Jones to proceed with the proposed processing and agritourism uses subject to the conditions implicit in the permit process and any required permits from state agencies such as MDE and, for slaughter operations off-site, USDA-regulated facilities. The planning commission and county staff will remain on the record for any necessary follow-up and permitting steps.

The board did not meet in June and expected to reconvene in July when additional applications are likely to appear; staff notified participants that a new Kent County land-use ordinance and map were expected to be adopted in mid-July and effective by the end of that month.